(a) Role of the Board of Zoning Appeals (BZA).
(1) The BZA shall consist of five (5) members each a citizen of the City, appointed by City Council for terms of five (5) years and they shall serve without compensation. The BZA shall, from time to time adopt and amend from time to time amend by-laws and rules of procedure governing itself and its proceedings.
(2) The BZA shall have the power to make decisions on applications for dimensional, locational, and use variances, appeals of decisions of the Zoning Administrator and appeals the decisions of the Planning Board on Conditional Use Applications.
(3) The BZA shall also hear and determine all administrative adjustments referred to it by the Zoning Administrator and appealed to it by adjacent property owners under the standards of review for a dimensional or locational variance, as they case may be.
(4) The BZA shall hear and determine all appeals to the Residential Building Code.
(5) Applications to the BZA shall be made on forms provided by the Zoning Administrator, as BZA Secretary, and shall not be deemed complete and shall not be processed until all required submissions and fees are received.
(6) The BZA shall hold a hearing to consider a complete application within forty-five (45) days of the date of receipt of the complete application, unless the applicant approves a continuance or postponement of the hearing to a later date.
(b) BZA Hearings. The BZA shall conduct public hearings on all applications or referrals at a time and place to be published at least fourteen (14) days prior to the hearing in a newspaper of general circulation of the City, and shall provide written notice thereof to all owners of property located within two hundred and fifty (250) feet in any direction of the property that is the subject of the application or referral.
(c) Stay of Proceedings. An appeal of a decision of the Zoning Administrator shall stay all proceedings and the operation of any decision appealed unless the Zoning Administrator certifies that by reason of facts stated in the application, a stay would in his or her opinion, cause imminent peril to life and property. In such case, proceedings or the operation of the decision shall not be stayed other than by a restraining order, which may only be granted by a court of complete jurisdiction.
(d) Dimensional and Locational Variances. Where the strict application or literal enforcement of the requirements of this Zoning Code would result in the applicant suffering practical difficulties, the BZA shall have power to authorize a variance from the terms of this Zoning Code so as to relieve such difficulties. In granting a variance, the BZA may impose such conditions as may be necessary to comply with the factors herein to reduce or minimize potential injurious effects of such variance upon neighboring properties and to carry out the general purpose and intent of this Zoning Code. In making such determination, the BZA shall consider all of the following factors, no single factor being determined whether:
(1) The property in question will yield a reasonable return or whether there can be any beneficial use of the property without a variance;
(2) The variance is substantial;
(3) The essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) The variance would adversely affect the delivery of government services (i.e., water, sewer, garbage);
(5) The property owner purchased the property with knowledge of the zoning restriction;
(6) The property owner's predicament feasibly can be obviated through some method other than a variance;
(7) The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance; and
(8) Any other relevant factor to assist the BZA in weighing and balancing the public and private benefits and harms of the requested relief is necessary.
(e) Term and Extension of Variance. Variances shall expire one (1) year from the date of their being granted unless, prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. There shall be no modification of variances except by further action of the BZA. Once the time limit pursuant to this subsection has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.
(f) Appeal of Zoning Permits. The BZA shall have the authority to affirm, reverse in whole or in part, or subject to conditions, or modify the Zoning Administrator's decision on a zoning permit application, if the BZA finds that there is credible evidence that the Zoning Administrator's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(g) Appeal of Administrative Adjustment. The BZA shall have the authority to affirm, reverse in whole or part, or subject to conditions, or modify the Zoning Administrator's decision on an application for an administrative adjustment, if the BZA finds that there is credible evidence that the Zoning Administrator's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(h) Appeal of Conditional Uses. The BZA shall have the authority to affirm, reverse in whole or in part, or subject to conditions, modify the Planning Board's decision on a conditional use application, if the BZA finds that there is credible evidence that the Planning Board's decision is unreasonable, arbitrary, capricious or not supported by a preponderance of the evidence in the administrative record.
(i) BZA Decisions. All BZA decisions shall be in writing and shall contain findings of facts and conclusions of law. Decisions shall be mailed to the applicant, and any interested parties who make a written request for a copy of the written decision without unreasonable delay after the close of the hearing. Where an application has been denied, no new application on substantially the same facts shall be filed within six (6) months of the date the previous denial, unless the BZA, for good cause shown by the applicant, grants permission to do so.
(j) Appeals of BZA Decisions. A person or persons aggrieved by a decision of the BZA may appeal such decision by filing an appeal under Ohio Revised Code 2506 et seq.
(Ord. 34-17. Effective 12-7-17.)